Daughter given wrong information by private landlord

Annie1960

The_shuffs wrote: »

My daughter has been in the flat since May last year, the tenant before had paid the G an E up to the date she moved out in May so after that all G and E being used was by my daughter making it her bill except the LL told her face to face NOT in writing that the G and E was included in the rent, that was a mistake which has only just been found out all her other bills are up to date

It does not matter whether it was in writing or face to face. It was his mistake, and he needs to pay.

Annie1960

The_shuffs wrote: »

There was no account open only details of the tenant before the estimated reading from May last year I was asked to read both the meters call back and an account would be created so my daughter would know how much she owed She has been living and using the G and E for the last year

So if there was no account your daughter does not have any responsibility for this.

Annie1960

The_shuffs wrote: »

There was no account open only details of the tenant before the estimated reading from May last year I was asked to read both the meters call back and an account would be created so my daughter would know how much she owed She has been living and using the G and E for the last year

But we already know how much your daughter owes, it is a nice round number, so round in fact it looks like a circle!..£0.00.

The agreement she had with the LL was that the bills were included, so the bills belong to LL.

It does not matter that the agreement was verbal and not in writing.

hardworking_mummy

But as the OP has pointed out - if the daughter turns around now and says to the landlord I won't pay for the gas and electric I have used in the property since I moved in, as you erroneously told me they were included in the rent, I am sure a section 21 will be winging its way to her post haste.

A single mother on benefits is not in a strong position when it comes to looking for a new property to rent. Another months rent in advance and damage deposit to find. Moving costs to pay. A limited choice of landlords willing to accept you as a tenant and very possibly a crappy reference from this landlord.

It's all fine and dandy pointing out the legalities of the position - sometimes the practicalities though are more pressing.

DRP

hardworking_mummy wrote: »

But as the OP has pointed out - if the daughter turns around now and says to the landlord I won't pay for the gas and electric I have used in the property since I moved in, as you erroneously told me they were included in the rent, I am sure a section 21 will be winging its way to her post haste.

A single mother on benefits is not in a strong position when it comes to looking for a new property to rent. Another months rent in advance and damage deposit to find. Moving costs to pay. A limited choice of landlords willing to accept you as a tenant and very possibly a crappy reference from this landlord.

It's all fine and dandy pointing out the legalities of the position - sometimes the practicalities though are more pressing.

yes indeed it isn't easy - neither is paying back a thousand pounds worth of someone else's E&G bills as a single mother on benefits...

hardworking_mummy

It isn't "someone else's". The OP has stated the gas and electric was used by her daughter. As I have stated - you can argue the legalities until the end of time - but paying back a payment plan for gas and electric the tenant has used (regardless of whose name is on the bill) will be a darned site more cost effective than paying another set of agents vetting fees/getting together a months rent in advance/ deposit/ paying moving costs and all other associated aggravation.

I think from her posts it is clear the OP and her daughter decided paying the gas and electric bill was in her best interests.

DRP

hardworking_mummy wrote: »

It isn't "someone else's".

//snip

If my LL had told me the bills were included, I would think they were his to pay. He has accepted this situation up til now (almost a full year), which I would say is acceptance of his responsibility.

The_shuffs

hardworking_mummy wrote: »

It isn't "someone else's". The OP has stated the gas and electric was used by her daughter. As I have stated - you can argue the legalities until the end of time - but paying back a payment plan for gas and electric the tenant has used (regardless of whose name is on the bill) will be a darned site more cost effective than paying another set of agents vetting fees/getting together a months rent in advance/ deposit/ paying moving costs and all other associated aggravation.

I think from her posts it is clear the OP and her daughter decided paying the gas and electric bill was in her best interests.

Thank you for seeing this situation as more than just who should pay the G and E it is so much more than that I will not be letting my daughter down as said in a earlier post

hardworking_mummy

How is that? My tenants move into their properties at the beginning of the tenancy agreement. I do not chase them up to ensure they have put the gas and electricity in their name. It is none of my business. I have been approached by utility companies re arrears after tenants have left. I simply send in a copy of the tenancy agreement showing when the tenancy was in place and they pursue the tenants for any outstanding monies. I have had a tenant who did not register water/tv licence/ gas or electricity. The only bill she paid in a year of living at the property was her Council Tax I was not responsible for any of it.

I'm sure if it got as far as court - the landlord could produce a copy of the tenancy agreement showing the tenants period of liability. I'm sure the tenancy agreement is silent on bills. It would be up to the judge to decide whether a text message stating they had thought it did include the bills but then realised it didn't is enough to make the landlord liable. If it was from an unregistered phone the landlord could argue the tenant had a friend send it to her!

It might save the tenant £1000 for gas and electricty she used. It might cost her an awful lot more in addition. Only the OP and her daugher can make the decision they feel is best for them.

hardworking_mummy

The_shuffs wrote: »

Thank you for seeing this situation as more than just who should pay the G and E it is so much more than that I will not be letting my daughter down as said in a earlier post

And OP I for one don't think you are letting your daughter down. Some people get carried away with what "they would do" etc. etc. but it's easy for them to say as they are not in that position and don't have to deal with the consequences.

I personally think the landlord is an a##e, but there you go - they are in all walks of life. It's not an enviable position to be in and I do hope your daughter's tenancy from here on in is stress free.